EB-2 Remanded — Unknown (2007): the appeal was rejected as untimely because it was received

Decision Summary

The appeal was rejected as untimely because it was received on the 34th day after the decision was issued, exceeding the 33-day limit. As the AAO has no authority to extend this deadline, the appeal could not be accepted. However, the case was returned to the director to be treated as a motion to reconsider, as permitted by regulations for untimely appeals that meet the requirements of a motion.

Criteria Discussed

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